On March 9, 2020 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2017 FDA Food Code, Paragraph 4-301.12(A), 2017 FDA Food Code, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.004General Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice: On March 9, 2020 the Division of Hotels and Restaurants received a Petition for a Routine Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2017 FDA Food Code, Paragraph 4-301.12(A), 2017 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, Section 5-203.13, 2017 FDA Food Code from ADELHEIDIS ICE CREAM LLC located in Estero. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; and that each establishment has at least one service sink provided for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the mop sink facilities with another food service establishment on the same premise.

The Petition for this variance was published in Vol. 46/49 on March 11, 2020. The Order for this Petition was signed and approved on April 1, 2020. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that all the handwash sinks are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The mop sink facility within Hertz Arena, Everblades Food Services LLC (NOS4604775) must be maintained in a clean and sanitary manner. This area must also be available to ADELHEIDIS ICE CREAM LLC (FIle: 324554) during all hours of operation. If the ownership of The Hertz Arena, Everblades Food Services LLC (NOS4604775) and ADELHEIDIS ICE CREAM LLC(FIle: 324554) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.

A copy of the Order or additional information may be obtained by contacting:

[e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.